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Can I be put on formal capability if I resign?

Discussion in 'Workplace dilemmas' started by miss_mystiquescarlet, May 10, 2017.

  1. miss_mystiquescarlet

    miss_mystiquescarlet New commenter

    In a situation where I have a meeting with my HT tomorrow to discuss progress made on informal support/capability.

    My Union Rep has advised me to be prepared for anything - including formal capability.

    I'm curious though - if I were to hand my resignation letter in BEFORE the 1st meeting, can they still put me on formal capability, even though I'm leaving?

    Or do they put you on formal capability straight away?
  2. grumpydogwoman

    grumpydogwoman Star commenter

    4.1 When is it appropriate for a teacher to be placed on formal capability procedures?

    The NUT’s policy position is that a teacher may not be placed on formal capability procedures without first undergoing a period of informal support. However, while this remains our policy position, there is no statutory entitlement to a period of informal support (although always check to see whether the employee has a contractual entitlement to such support).

    From an NUT document. Their bold. Not mine.

    So you could jump straight to formal. Yes.

    I am sure they could put you on informal or formal regardless of resignation. And, in some cases, they really should. If a teacher is really failing then a resignation shouldn't prevent them from "having their card marked" and given extra support and be put under scrutiny. It isn't fair to children to just pass the "problem" on to someone else or pretend everything is fine.

    If the teacher is really failing. That's a good reason to go ahead despite a resignation. We do know that some teachers (maybe many) are put in this position for all sorts of spurious reasons e.g. being more mature or being on UPS. I am not saying every teacher deserves to be put on capability. Some do though.

    In practice? Who knows? Some might shelve it. Some won't.

    The only way to find out is to make it your very first question. Before the meeting. "What would you do if I resigned right now?"
  3. CheeseMongler

    CheeseMongler Lead commenter

    If you're on informal capability, and this meeting is about that progress, then I would not hand in resignation yet. (I think) they would have to call another meeting to initiate the formal capability process. If they are prepared to accept your resignation in lieu of this, you could do this before formal capability begins and goes on your record.
  4. grumpydogwoman

    grumpydogwoman Star commenter

    Sorry. I didn't read first post properly.

    Play it by ear.

    Like @CheeseMongler says.
    miss_mystiquescarlet likes this.
  5. FrankWolley

    FrankWolley Star commenter

    Have the resignation letter with you, but say that you will hand it over only if you are not put on formal capability?
  6. caterpillartobutterfly

    caterpillartobutterfly Star commenter

    If this is likely, then your union should be negotiating your exit.

    Do not just resign without an agreed reference.
  7. CWadd

    CWadd Star commenter

    I really hope you have a Union rep with you tomorrow. Best of luck.
  8. Tinycat1234

    Tinycat1234 Established commenter

    I think schools are generally stretched and in most cases are loath to complete the extra work from a support plan, especially if you are standing up for your self and involving unions etc. I think if you show you're willing to resign with a decent reference they will probably drop it...
    let us know
    Good luck
  9. caterpillartobutterfly

    caterpillartobutterfly Star commenter

    This is correct, which gives you time to work with your union to negotiate your exit.
    miss_mystiquescarlet likes this.
  10. delenn

    delenn New commenter

    Discuss it with Union. I was put on support plans and informal capabaility which made me ill and off work with work related stress. It got to an impasse so with the advice of my Union I resigned with an agreed reference and 'gardening leave' for 4 months Until the end of term) and it was the bet thing I ever did. The place was toxic for me and leaving has meant that I have a better worklife balance.
  11. foxtail3

    foxtail3 Star commenter

    It sounds as though you are sure that the meeting will be negative and that they will say you haven't made sufficient progress towards targets. If that's the case, then I would look towards an agreed reference and negotiate an exit.

    Could it be though, that they will say you have made progress?
    Deirds and miss_mystiquescarlet like this.
  12. fudgeface

    fudgeface Occasional commenter

    How did it go? Not a nice thing to go through. Hope you are ok
    miss_mystiquescarlet likes this.
  13. scienceteachasghost

    scienceteachasghost Lead commenter

    A 'reasonable Head' (to the extent as reasonable as putting anyone on any form of capability is would probably allow you to resign without this route, ideally with time before September (ie. you finish the academic year there) to seek another job. However, wait until they show their hand, for all you know you may have come off it and regarded as made adequate progress!
    Personally, anywhere that puts me on even informal capability I would regard my job there (if still teaching) as a busted flush, they have made it clear what they think of you and I would return the complement and get out at the earliest opportunity!
    miss_mystiquescarlet likes this.
  14. miss_mystiquescarlet

    miss_mystiquescarlet New commenter

    Hi everyone!

    Thank you so much for all the kind words and advice.

    Had meeting with the HT and my HOD last Thursday - and they still have issues! I've been on an informal support plan for a year (after major issues coming out of being diagnosed with severe depression and anxiety!) and they wanted to review the support I've been given and make a decision as to whether I'm off informal support or if I'm going onto formal capability.

    It means that this upcoming week - I have: A lesson observation; a full book scrutiny; my HOD doing an in depth data check and progress update for all my classes; feedback to the HT from the in school members of staff that have been supporting me - before a final decision is made on Thursday.

    The tone they took with me suggests formal capability so I've discussed my options with my Union and my family should Thursday be a negative outcome.

    Spent all day yesterday marking books and preparing for my lesson observation - intended to do the same today but woke up with a severe tension headache and the symptoms of a panic attack!!

    Going to be an interesting week xx
  15. ridleyrumpus

    ridleyrumpus Lead commenter

    Best of luck.

    (A year on Informal capability? What do the Union think about that?)
    grumpydogwoman likes this.
  16. Fer888

    Fer888 Occasional commenter

    Good luck- I think though they have made the decision already in their minds and are just going through the steps to make it formal- my advice is to start looking now
  17. Torey

    Torey Occasional commenter

    Do they know about your diagnosis? Have they referred you to occupational health? What reasonable adjustments have they put in place to support you-as in real support? Is there a stress risk assessment in place?

    I think you should have a serious talk with your union about making sure that that have followed the correct approach towards you.
    grumpydogwoman likes this.
  18. miss_mystiquescarlet

    miss_mystiquescarlet New commenter

    Well here we go! Today is the day I find out whether I'm an incompetent teacher or not! My 2nd in Department observed me yesterday and it didn't go well so that wasn't good! But we will see what happens! Wish me luck xx
    AckyWacky likes this.
  19. grumpydogwoman

    grumpydogwoman Star commenter

    Good luck!

    But do you really want to stay there?
    Torey likes this.
  20. Torey

    Torey Occasional commenter

    You don't need luck. You need to know the answers to the questions that I posted. If they suggest capability you should know your rights and make a case that you wouldn't be in that position if they had put the correct support in place. Are you in a union and are they coming? You need to think what you want the outcome to be. Support so that you can stay and do your job or a chance to start again with a reference that doesn't mention capability.
    grumpydogwoman likes this.

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